KUPPANNA GOUNDER AND ANR. Vs. RAMASWAMI IYER

JUDGEMENT

(1.) THIS is a Civil Miscellaneous Second Appeal preferred against the Decree and Judgment of the learned Subordinate Judge of Erode in A.S. No. 79 of 1956, reversing the Decree and Order of the learned District Munsif of Gobichettipalayam in E.P. No. 1042 of 1956 in O.S. No. 73 of 1955.

(2.) THE facts are : The defendants, appellants, were the lessees under a lease -deed, dated for the year 1954 -55 under the first plaintiff. On 19th April, 1955 the first plaintiff and the second plaintiff who claims to be a tenant under the first plaintiff instituted a suit O.S. No. 73 of 1955 for a permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit properties and from entering upon the land on the allegation that as per the lease deed dated 14th April, 1954 the defendants have surrendered possession on 12th February, 1955 and thereafter the first plaintiff has leased the land to the second plaintiff and that the defendants are seeking to interfere with the possession of the second plaintiff. The defendants contested the suit. On 13th July, 1955 they filed a joint memo, into Court agreeing to the suit being decreed as prayed for. They also made a joint endorsement on the plaint on 15th July, 1955 to the same effect. The suit was therefore decreed as prayed for. This joint memo, and the joint endorsement were the result of a compromise between the parties under which as evidenced by Exhibits A -2 and B -7 the defendants were allowed to raise crops for one year i.e., 1955 -56 in consideration of their giving 56J salagais of paddy to the first plaintiff and to vacate the land on 13th March, 1956. The plaintiffs were anxious in view of the contemplated tenancy legislation to see that the defendants do not make any claim to remain in the land after 13th March, 1956. It is with this object the document Exhibits A -2 and B -7 came into existence.

(3.) IT is thus seen that in both Exhibits A -2 and B -7 it is clearly stipulated that after 13th March, 1956, the defendants should not enter on the land on any account and if they did so, the first plaintiff was at liberty to execute the decree in O.S. No. 73 of 1955